Campbell v R [2014] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Campbell v R [2014] NSWCCA 175 Hearing dates: 21 May 2014 Decision date: 02 September 2014 Before: Bathurst CJ at [1]; Simpson J at [281]; Hidden J at [338] Decision: Appeal dismissed Catchwords: CRIMINAL - appeal - conviction - whether misdirection in presentation of crown case to jury - no misdirection on factual possibility of push followed by a trip - consistent with an intention to kill - direction consented to - no tactical disadvantage - no miscarriage of justice - misdirection on availability of mental element of reckless indifference to human life - not Crown case - whether miscarriage of justice - significance of the appellant's case that he was not involved in death at all - possibility of jury speculating remote - no objection by counsel

CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether evidence wholly or substantially based on specialised knowledge - process of reasoning involved matters of common knowledge

CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether expert had relevant expertise - whether expertise from study and experience - no details of how investigations conducted equipped expert to give evidence in present case - publications not tendered - titles of publications insufficient evidence of expertise from study and experience

APPEAL - criminal - whether notwithstanding appellant's success appeal should be dismissed - application of proviso - 6(1) Criminal Appeal Act 1912 (NSW) - whether no substantial miscarriage of justice - consideration of importance of expert evidence - Court satisfied beyond reasonable doubt that evidence properly admitted at trial proved the guilt of the appellant